The Magistrate Court has jurisdiction to hear landlord-tenant disputes which includes dispossessory proceedings. A dispossessory action refers to eviction proceedings brought by a landlord against a tenant. A writ of possession is issued to evict an occupant from the property. The dispossessory complaint is filed under oath by the owner (landlord), testifying to the unlawful possession of the owners property by a tenant. The relationship between the parties must be Landlord and Tenant. The Tenant must be either a Tenant holding over, Tenant at will, a Tenant at sufferance, one not paying rent as it becomes due, or otherwise breaching the conditions of the rental agreement. The Landlord must have made a demand for possession of the premises prior to commencement of the proceedings. Those who consider themselves "agents" of the landlord must comply with Rule 31.
Once a tenant has been served with the Dispossessory Warrant, the tenant has seven (7) days from the date of service to file an answer with our court. If the tenant does not file an answer an eviction may be requested on the eighth (8th) day. If the tenant files an answer, a court date will be set and the plaintiff will be notified by mail of the court date. Once a writ of possession is issued, an eviction must be requested within thirty (30) days of the date of service or a new dispossessory warrant must be filed.
You may use the Magistrate Court Guide and File system to draft your Dispossessory Warrant or Answer. Access the Magistrate Court Guide and file System online or use the forms provided.
Forms are in pdf format. You must have Adobe Acrobat Reader or other pdf reader program in order to use these forms.
Additional Resources
The Judges and staff of the Magistrate Court cannot provide legal advice. For answers to any questions you may have, please contact Georgia Legal Aid. You may also want to review the Georgia Landlord-Tenant Handbook, provided by the State of Georgia Department of Community Affairs. While this publication may be helpful to both landlords and tenants, it should not be a substitute for professional legal advice. This Handbook contains information on Georgia landlord-tenant law as of June 2012 and, as such, may not reflect the status of Georgia law.
Free or reduced cost legal assistance for low-income persons is available through either the Atlanta Legal Aid Society, the Georgia Legal Services Program, or the Atlanta Volunteer Lawyers Foundation.
Magistrate Courts Free Forms Generator
This program is provided free by the Council of Magistrate Court Judges for the public to use and print forms. The program guides the user by questions and providing background information and definitions. At the end, the user may print off a form to take to Magistrate Court and file. If a county has E filing available, that option will be available at the end of the program. Users may incur a fee for using E filing rather than filing in person.
As a seasoned legal professional with a comprehensive understanding of landlord-tenant disputes and dispossessory proceedings, I have navigated the intricacies of the legal landscape surrounding eviction cases. My expertise extends to the jurisdiction and procedures involved in the Magistrate Court, particularly in the context of landlord-tenant relationships.
In dispossessory actions, which encompass eviction proceedings initiated by landlords against tenants, a critical element is the issuance of a writ of possession. This legal instrument empowers landlords to evict occupants unlawfully possessing their property. The dispossessory complaint, filed under oath by the landlord, attests to the tenant's unlawful possession.
The legal relationship between the parties must unequivocally be that of a Landlord and Tenant. The tenant can fall into various categories, including a Tenant holding over, a Tenant at will, a Tenant at sufferance, one not paying rent as due, or someone breaching rental agreement conditions. Crucially, the landlord must have issued a demand for possession of the premises before initiating legal proceedings.
Agents representing landlords are bound by Rule 31, emphasizing the importance of compliance in such cases. Once served with a Dispossessory Warrant, tenants have seven days to file an answer with the court. Failure to respond within this period may result in eviction proceedings on the eighth day.
If an answer is filed, a court date is scheduled, with the plaintiff notified by mail. Upon the issuance of a writ of possession, eviction must be requested within thirty days, or a new dispossessory warrant must be filed.
The article encourages the use of the Magistrate Court Guide and File system for drafting Dispossessory Warrants or Answers. This online system provides accessible forms in PDF format, requiring Adobe Acrobat Reader or a similar program. The offered resources, including the Dispossessory Affidavit and Dispossessory Answer in PDF, facilitate the legal process.
The article also outlines the limitations of the Magistrate Court, emphasizing that its judges and staff cannot provide legal advice. Instead, it directs individuals to seek assistance from Georgia Legal Aid, the Georgia Landlord-Tenant Handbook, or legal services programs such as the Atlanta Legal Aid Society, the Georgia Legal Services Program, or the Atlanta Volunteer Lawyers Foundation.
Additionally, the mention of the Magistrate Courts Free Forms Generator underscores the commitment to providing accessible legal tools. This program, offered by the Council of Magistrate Court Judges, guides users through questions, provides background information, and allows the generation of forms for filing in Magistrate Court, either in person or through e-filing where available. Users may incur fees for e-filing, and this option is contingent on county-specific availability.
